PEOPLE v. MARTIN


23 Misc.3d 67 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS MARTIN, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided April 7, 2009.


Attorney(s) appearing for the Case

Legal Aid Society, Hempstead (Kent V. Moston, Jeremy L. Goldberg and Dori Cohen of counsel), for appellant. Kathleen M. Rice, District Attorney, Mineola (Douglas Noll and Ilisa T. Fleischer of counsel), for respondent.

RUDOLPH, P.J., SCHEINKMAN and LaCAVA, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

On the court's own motion, the appeals are consolidated for purposes of disposition.

Judgment of conviction reversed, on the law, and a new trial ordered.

Order reversed without costs and designation vacated.

The information charged defendant with forcible touching (Penal Law § 130.52 [2]). The accusatory portion thereof provided in pertinent part...

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